Personal Injury Torts: Causes Of Action Besides Negligence
December 31, 2015
Personal injury cases are lawsuits that involve claims of injury as a result of a wrongful conduct, usually due to negligence. However, the same case may also be filed even if the injury was not due to negligence. These cases are known as intentional torts, where the defendant acts purposefully to harm the plaintiff. The most common examples are assault, trespass, battery, theft, false imprisonment, and infliction of emotional distress.
A tort within this category may involve a situation wherein the defendant may still be liable to the resulting injury even if he or she did everything possible to zero out the possibility of causing harm. This is possible when engaging in an extremely dangerous activity, even if it is legal and all precautions are taken. Transporting hazardous materials (HAZMAT) and building demolition are typical examples.
Another common personal injury tort involves injuries caused by defective products, dubbed as product liability cases. Liability in these cases can be imposed based on faulty design and careless distribution of unsafe products. Because these cases frequently involve several plaintiffs, they have the potential to become large class action lawsuits.
Defendants and plaintiffs who wish to win personal injury cases are advised to hire legal counsel, taking into consideration the firm’s reputation and experience. For one, having an attorney will help avoid violating a statute of limitations (missing the deadline for filing the lawsuit), which is always a concern in personal injury cases.
Atty. Ann S. Sheeley graduated magna cum laude from the State University of New York at Albany and is currently practicing personal injury law, criminal defense, and workers’ compensation. For more about her, visit this website.